OXNARD, Calif. (KABC) -- A Southern California woman was suing the maker of Raisinets, claiming she and other customers are getting less than what they paid for.
A new lawsuit filed against the candy maker, Nestle, says the boxes are only 60 percent full, misleading customers who don't know they're paying for 40 percent of air.
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"Of course it's deceptive. Everybody is doing it, though, which is unfortunate, and it's all about profits," said customer Jongnic Bontemps.
The plaintiff, who is a California resident, claims that if she had known the dark chocolate Raisinets boxes weren't full, she wouldn't have bought them or would have paid significantly less.
The lawsuit seeks at least $5 million in damages, which would include refunds for other potential class members.
In a statement, Nestle responded by saying the excess space complies "with FDA regulations."
"It is common for candy packages to contain excess space to avoid spillage and product loss during filling. All Nestle products and labels comply with FDA regulations and provide consumers with the factual information they need to make informed purchasing decisions."
Customer John Johnson agreed and said Nestle has done nothing wrong because it's all on the label.
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"It tells you exactly how much is in it if you take it out of the box and pour it in a little box," he said. "They just need to make the box a little smaller."
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